Village of Brewster, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Brewster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Housing maintenance — See Ch. 148.
Littering — See Ch. 154.
205a Exhibit A
[Adopted 8-14-1991 by L.L. No. 3-1991 (Ch. 101 of the 1992 Code)]

§ 205-1 Legislative findings.

A. 
The Village of Brewster has no municipal garbage collection facilities or equipment.
B. 
It is not only necessary but vital to the health, safety and general welfare of the Village of Brewster and its inhabitants that the Village regulate the collection of garbage, trash and other refuse.
C. 
The Village of Brewster Board of Trustees deems and considers it to be in the best interest of the Village, its residents and visitors to regulate the pickup and collection of garbage, trash and other refuse.

§ 205-2 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them in this section:
APARTMENT BUILDING
A group of multifamily dwellings containing more than five families living independently of each other as separate and distinct housekeeping units.
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
DEPARTMENT OF SANITATION
That Department of the Incorporated Village of Brewster which collects and disposes of garbage, ashes, trash/rubbish and wrap.
DWELLING, MULTIFAMILY
A building arranged, intended or designed to be occupied by two or more families living independently of each other as separate and distinct housekeeping units.
DWELLING, SINGLE-FAMILY
A dwelling containing one dwelling unit only.
FAMILY
One or more persons occupying a dwelling unit and living as a single housekeeping unit.
GARBAGE
Food, vegetable, fruit or similar organic waste.
PREMISES
Land, buildings or other structures, vehicles or parts thereof upon or in which trash/refuse is stored.
TRASH/RUBBISH
All solids other than ashes, garbage and wrap (hereinafter defined), including but not limited to grass clippings, leaves, tree trimmings, wood, metals, crockery, porcelain and other similar materials.[1]
WASTE
Where appropriate herein, the terms "garbage," "ashes," "trash/rubbish" and "wrap" may be collectively referred to herein as "waste."
WRAP
Paper, bottles, whether made of glass or plastic, tin cans and cartons and boxes (broken down and tied together).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-3 Department of Sanitation; Commissioner.

There is hereby created a Department of Sanitation, which shall be under the supervision and control of the Commissioner of Sanitation. The Commissioner of Sanitation shall have the responsibility for the collection and disposal of all waste by the Department of Sanitation. The Commissioner of Sanitation shall carry out all rules and regulations promulgated by the Village of Brewster Board of Trustees concerning such matters as the days for collection of waste, the location of containers therefor and all other matters relating to the storage, collection and disposal thereof. The Commissioner of Sanitation shall be appointed by the Village of Brewster Board of Trustees. Because of the limited resources of the Village of Brewster, nothing shall prohibit a Trustee of the Village of Brewster Board of Trustees from serving as Commissioner of Sanitation.

§ 205-4 Service by Department of Sanitation.

The Department of Sanitation and/or its authorized agents shall collect and dispose of all refuse acceptable for collection from all single-family and multifamily dwellings and all apartment buildings occupied exclusively for residential purposes. Every owner or occupant of such premises is hereby required to make use of the refuse collection and disposal system provided by the Incorporated Village of Brewster.

§ 205-5 Storage for collection.

A. 
It shall be the duty of every person owning, managing, controlling or occupying any land or residence within the Village to provide sufficient metal or plastic receptacles to hold all accumulations of waste materials ordinarily accumulated on the premises.
B. 
Waste materials will be stored for collection as follows:
(1) 
Garbage. Food waste shall be drained and wrapped in paper or plastic bags and placed in a plastic or metal watertight container with a cover containing handles.
(2) 
Ashes. Ashes must be dried and free of embers. Glass or metals or any other materials shall not be included with the ashes. The ashes shall be placed in metal containers with adequate covers and handles.
(3) 
Trash/rubbish. Tree and hedge clippings must be tied in bundles not larger than three feet in length and 18 inches in diameter with adequate-strength cord. Board or metal rubbish that cannot be placed in a container shall be reduced in volume and tied to facilitate handling. Tree stumps are not acceptable.
(4) 
Wrap. Paper and magazines shall be tied in bundles or placed in a brown paper bag. Corrugated boxes and containers shall be crushed flat and tied securely in bundles.

§ 205-6 Removal at owner's expense.

Any accumulation of waste materials resulting from the failure of any person to comply with any provisions of this article or from the failure of such person to take advantage of their regular collection service maintained by the Village and any waste materials in excess of ordinary household wastes shall be removed by such person at his expense.

§ 205-7 Placement for collection.

[Amended 5-20-1992 by L.L. No. 1-1992]
The Village of Brewster Board of Trustees shall promulgate, pursuant to § 205-15, rules and regulations relating to the time and placement of all trash bags, rubbish, etc., for collection by the Village Department of Sanitation.
A. 
Wrap is collected from curbside.
B. 
All garbage shall be placed at a designated pickup area per single-family dwelling, multifamily dwelling and apartment building.

§ 205-8 Unacceptable refuse.

The following refuse shall not be considered acceptable for collection by the Department of Sanitation and/or its authorized agents and shall not be placed out for collection:
A. 
Materials resulting from the repair, construction, alteration or excavation of buildings or structures, streets or sidewalks, such as earth, plaster, mortar, concrete, bricks, lath and roofing materials, with debris or other types of construction debris. Arrangements are to be made with private contractors for the removal of trees and large quantities of refuse. Professional gardeners and landscapers are required to remove their own debris.
B. 
Dangerous materials or substances, such as combustible materials or substances, poisons, acids, caustics, infected or infectious materials, explosives or those materials which may be of danger to the ecology or residents or the Village.
C. 
Materials which have not been prepared in accordance with the provisions of this article.
D. 
Large bulk items such as refrigerators, bedsprings, box springs, stoves, washing machines, hot-water boilers, etc., will not be removed with the rubbish. It will be necessary to call the Department of Sanitation to arrange for removal of these items. A fee will be charged for such items. Items are not to be placed at the property line until arrangements have been made with the Department of Sanitation.
E. 
Motor vehicles, marine vehicles, motorcycles, motor vehicle batteries and tires, etc.
F. 
Waste which is not placed in accordance with the rules and regulations promulgated by the Village of Brewster Board of Trustees for that purpose.

§ 205-9 Frequency of collection.

All disposable materials shall be collected by the Department of Sanitation according to the following schedule:
A. 
Garbage twice a week.
B. 
Trash and rubbish once a week.
C. 
Wrap once a week.

§ 205-10 Residential sanitation charge. [1]

A. 
The charge for the collection and disposal of refuse by the Department of Sanitation of the Village shall be according to the schedule set by resolution of the Village of Brewster Board of Trustees.
B. 
The residential sanitation charge shall be billed on a periodic basis established at the discretion of the Clerk with consideration of the best interests of the residents and approval of the Village of Brewster Board of Trustees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-11 Penalty for delinquent charges. [1]

In the event that the residential sanitation charge is not paid within 30 days of the bill date, interest may be charged and penalties imposed as established by the Village of Brewster Board of Trustees by resolution.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 101-12, Lien for unpaid charges, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-12 Collection by authorized agent only.

A. 
No person, other than an authorized employee or agent of the Village Department of Sanitation, shall disturb or remove any waste that has been placed outside of a single-family or multiple-family dwelling or apartment building as identified in § 205-4 of this article.
B. 
Commercial enterprises within the Village shall be responsible for disposal of all waste accumulated by or arising out of their commercial enterprise.
C. 
Nothing herein shall be deemed to prohibit any property owner or occupant from disposing of his own waste.

§ 205-13 Disposal of refuse restricted.

No refuse shall be disposed of within the Incorporated Village of Brewster except in such manner and such place or places as may be permitted by the Village of Brewster Board of Trustees.

§ 205-14 Penalties for offenses.

[Amended 5-20-1992 by L.L. No. 1-1992]
Any person committing an offense against any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a penalty of not more than $250 or by imprisonment for not more than 15 days, or both.

§ 205-15 Rules and regulations.

Nothing shall prohibit the Village of Brewster Board of Trustees, to the extent permitted by state law, from promulgating rules and regulations for the implementation and enforcement of this article by the adoption of resolutions of the Village of Brewster Board of Trustees.

§ 205-16 Title.

This article shall be known and may be cited as the "Garbage, Rubbish and Waste Materials Local Law of the Incorporated Village of Brewster, New York."

§ 205-17 Enforcement. [1]

This article shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 11-14-2002 by L.L. No. 2-2002]

§ 205-18 Legislative findings.

A. 
The municipal corporation of the Village of Brewster has no municipal residential refuse and garbage district.
B. 
It is now and heretofore been determined that it is not only necessary but also vital to the health, safety and general welfare of the Village of Brewster and its inhabitants that the Village regulate the collection of garbage, trash, swill and other refuse.
C. 
The Village of Brewster Board of Trustees heretofore has deemed it and considered it to be in the best interest of the Village, its residents, merchants and visitors to regulate the pick-up and collection of garbage, trash and other refuse.
D. 
The Village of Brewster Board of Trustees now deems and considers it to be beneficial to the Village residents and inhabitants to establish a refuse district, infra, for the purpose of maintaining special assessments for municipal residential refuse and levying special district assessments hereunder, for such administrative and legal purposes now deemed necessary and proper.

§ 205-19 Establishment of district.

The Village of Brewster Residential Refuse and Garbage District ("district") is hereby established, to be bounded and described as set forth in Exhibit A attached hereto and made a part hereof,[1] pursuant to Municipal Home Rule Law § 10. The rendering of services to be furnished by and on behalf of the said district shall be in accordance with the provision of Article I of this Chapter 205 of the Village of Brewster Code and the rules and regulations promulgated pursuant thereto. The Village of Brewster Board of Trustees has determined that all the property and property owners within said district are benefited thereby; that all of the property and property owners benefited are included within said district; and that the establishment of the district is in the public interest.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.

§ 205-20 Authority to establish and impose unit charges.

There is hereby established and imposed a special benefit assessment unit charge upon the property in the district used for residential purposes.

§ 205-21 Definitions.

As used in this article, the following terms shall have the meanings defined herein:
DISTRICT
The Village of Brewster Residential Refuse and Garbage District created pursuant to this article.
SERVICE UNIT or SERVICE UNITS
A dwelling unit used for residential purposes. Each dwelling unit in a multifamily building and attached townhouses shall be considered a separate service unit for the purposes of this article.
UNIT CHARGE or UNIT CHARGES
The cost assessed to a service unit for twice-per-week collection of refuse and other collection services and disposal services as provided in Article I of this Chapter 205 of the Village of Brewster Code and the rules and regulations adopted pursuant thereto.

§ 205-22 Exceptions to unit charges.

Unit charges established herein shall be imposed on the owners of all service units located within the district, except as follows: Service units which are located on properties which are divided by a town or Village boundary line shall be assessed unit charges pursuant to this article unless the owner of any such property files a written notice with the Village Clerk stating that the owner does not wish to receive refuse collection services from the district. Such written notice must be received by the Village Clerk on or before February 1, 2003, in order to be effective. As to any such service unit for which no notice is filed, such service unit shall be assessed unit charges in accordance with this article and shall have no right to thereafter discontinue such services or charges due to location of such town or Village boundary, except upon approval of the Village of Brewster Board of Trustees upon written application demonstrating financial hardship and that such service unit is or will be served by the adjacent municipality.

§ 205-23 Determination of unit charges; billing. [1]

The unit charges shall be billed on a periodic basis established at the discretion of the Clerk with consideration of the best interests of the residents and approval of the Village of Brewster Board of Trustees. The determination of unit charges shall be made annually by resolution of the Village of Brewster Board of Trustees, after public hearing, and filed with the Village Clerk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-24 Payment of charges and lien. [1]

Charges are due and payable within 30 days of the bill date. In the event of late payment, interest may be charged and penalties imposed as established by the Village of Brewster Board of Trustees by resolution. Penalties and interest for nonpayment shall attach and shall be collected as provided in § 5-518 of the Village Law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-25 Unit charges to be prorated.

Anything to the contrary notwithstanding in this article, when a property in the district first becomes a service unit as defined herein, the unit charge for such year shall be prorated for the number of whole months, commencing with the month on which such property becomes a service unit and ending with the last month of such year, and shall be paid at the time such property receives a certificate of occupancy.[1]
[1]
Editor's Note: Original Section 9, Review of assessments, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-26 Construction and interpretation.

To the extent that any provision of this article is determined to be inconsistent with Village Law § 2-200 et seq., or any other provision of Village Law that may be superseded pursuant to the Village's home rule powers, said provision of the Village Law is hereby superseded.

§ 205-27 Referendum period.

This article is subject to permissive referendum pursuant to the statutes made and provided.